[2021] KEHC 1383 (KLR)
The court held that the petitioner's sentence did not relate to murder and therefore the Supreme Court's decision in Muruatetu, which declared mandatory death sentences for murder unconstitutional, was inapplicable. The Supreme Court had expressly clarified that its decision was confined to murder cases and did not...
Source-derived case information.
- Citation
- [2021] KEHC 1383 (KLR)
- Parties
- Appellant: Joseph Karande Mamboleo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Petition 39 of 2020
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Review Application
- Outcome
- petition dismissed
- Judges
- DN Musyoka
- Legal Topics
- Mandatory Sentencing, Sentence Review, Applicability of Supreme Court Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Karande Mamboleo
Appellant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the Supreme Court decision in Muruatetu applies to mandatory sentences for offences other than murder.
- 2 Whether the petitioner is entitled to sentence review under the Muruatetu jurisprudence.
Ratio Decidendi
The court held that the petitioner's sentence did not relate to murder and therefore the Supreme Court's decision in Muruatetu, which declared mandatory death sentences for murder unconstitutional, was inapplicable. The Supreme Court had expressly clarified that its decision was confined to murder cases and did not extend to other offences with mandatory sentences. As such, the petition for sentence review was incompetent and could not be entertained under the Muruatetu jurisprudence.
Court Disposition
petition dismissed
Orders
- The petition is dismissed as incompetent.
- The file is to be closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
PETITION NO. 39 OF 2020
JOSEPH KARANDE MAMBOLEO..............PETITIONER
VERSUS
REPUBLIC.....................................................RESPONDENT
RULING
1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.
2. The petition herein, undated, but filed herein on 17th November 2020, principally rides on the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the petitioner seeks review of his sentence, where he had been convicted of an offence he does not disclose, in Butere SRMCCRC No. 277 of 2011, and was sentenced to of imprisonment for an undisclosed term. He filed an appeal at the High Court at Kakamega, being HCCRA No. 127 of 2013, whose outcome is undisclosed.
3. The pleadings herein do not disclose much in terms of the details that would assist the court in review. In any event, it is clear that the sentence the petitioner is serving has nothing to do with murder and review underFrancis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) is not available. The petition is incompetent and is hereby dismissed. File to be closed.
4. The Deputy Registrar shall cause copies of this ruling to be availed to the petitioner and the office of Director of Public Prosecutions, Kakamega.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF DECEMBER 2021
W MUSYOKA
JUDGE